Palanisamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Palanisamy, ... Petitioner/Sole Accused Vs The State of Tamil Nadu Rep By, The Inspector of Police, Keeranur Police Station, Pudukkottai District.

Cr.No.212/2024.

... Respondent/Complainant For Petitioner : M/s.A.Banumathy, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.212 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 1/4

17.08.2024 for the offences punishable under Sections 194(1) of BNS @ 296(b), 118(1) and 108 of BNS Act, in Crime No.212 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is the father of the deceased. The deceased and the petitioner are husband and wife. They are blessed with two male children. From the date of marriage, the petitioner suspected the fidelity of the deceased and frequently, picked up quarrel with the deceased. Without bearing the same, the deceased said to have committed suicide by consuming poison. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations against the petitioner and the petitioner being the husband suspected the fidelity and unable to bear the suspicion of the petitioner, the deceased/wife consumed poison and committed suicide and considering the facts that the petitioner is in jail from 17.08.2024 and that there is no other bad antecedents against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the 2/4

Judicial Magistrate, Keeranur, Pudukkottai District. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 25/09/2024 / TRUE COPY / 25/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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DSS TO 1 THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL PRISON, PUDUKKOTTAI.

4 THE INSPECTOR OF POLICE, KEERANUR POLICE STATION, PUDUKKOTTAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.BANUMATHY, Advocate ( SR-11708[I] dated 25/09/2024 ) ORDER IN CRL OP(MD) No.16104 of 2024 Date :25/09/2024 SA/SAR. /25.09.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4